Bennett v. Cook
New York Supreme Court
Appeal by defendants from a judgment in favor of plaintiffs entered upon the report of a referee. The action was brought in Schuyler county by Green Bennett against' Charles Cook, to redeem from defendant certain lands held by him under the following circumstances: In December, 1848, one Alva Nash owned a contract for the lands in question, executed between himself and one Samuel Watkins. Nash was insolvent.
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Appeal by defendants from a judgment in favor of plaintiffs entered upon the report of a referee. The action was brought in Schuyler county by Green Bennett against' Charles Cook, to redeem from defendant certain lands held by him under the following circumstances: In December, 1848, one Alva Nash owned a contract for the lands in question, executed between himself and one Samuel Watkins. Nash was insolvent. Among his debts were two drafts drawn upon one D. N. Bedient of $2,000 each and a note of $600.. On these drafts and on this note plaintiffs were prior indorsers, and Charles Cook was a…
1Opinion of the CourtBockes, J.
The rights of the parties in this action on all the principal issues were definitely settled by the decision of the court of appeals, reported in 45 N. Y. 268. That decision left nothing open for further examination, except such questions as should arise on the accounting, which had then been directed, and which direction for the accounting was sanctioned by that court. It was then decided that the plaintiffs were entitled to subrogation, and judgment absolute was directed for the plaintiffs in accordance with the report of the referee, Bradley, before whom the action had been fully tried on…
2Cases cited8 opinions
- State of Connecticut v.JacksonNew York Court of Chancery · 1814
- Stone v. SeymourCourt for the Trial of Impeachments and Correction of Errors · 1835
- Lansing v. LansingNew York Supreme Court · 1865
- Jencks v. AlexanderNew York Court of Chancery · 1845
- Williams v. HoughtalingNew York Supreme Court · 1824
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